For the Indiana folks: I'd like a quick comment on my observations from reading the Indiana codes on cemeteries: I find nothing that gives anyone the "right" to access a cemetery on private land. I find nothing that says you have to protect a private cemetery, e.g., fence it to keep the cows out. I did see some code about protecting a "public" cemetery but my reading of the code is a public cemetery is one that has been deeded to a public arm, like the township. A cemetery that is on private land and is still owned by the landowner is not, by my reading, "public" and does not have to be protected. If anyone can point me to any IC that says differently, please do. Thanks. Larry V. Stephens Office of Risk Management 812-855-9758 [email protected]

Hi Larry, Checking my e-mail late (again).... Question 1: Nope. This is my #1 complaint with cemetery law. There is no right of ingress and egress. I was told by Sen. Bev Gard and Rep. Tom Saunders that this issue would be extremely difficult to fight due to Indiana being strong in private property rights. I was told Farm Bureau would fight this issue and be hard to beat. There are other states that have cemetery access law - West Virginia being one of them. Mark Davis was kind to send me a copy of their legislation. We modeled legislation after the West Virginia law. We had an attorney who works for Historic Landmarks and the Indiana Historical Society help us in drafting legislation. But, due to time constraints, our drafts were never heard in committee. We had Senator Bev Gard ready to introduce and support our legislation if it went to the Senate. Same for Rep. Saunders and Rep. Adams (who "authored" HB 1441 "The Cemetery Maintenance Bill") if it went to the House. If you look at IC 6-1 Chapter 6.8 Assessment of Cemetery Land. Section 15 addresses a little bit of ingress and egress, but only for a "classified cemetery". An owner of a classified cemetery must allow family members and descendants at least one day each year to visit the cemetery. That is all fine and dandy, but who in their right mind would pay to have a cemetery classified as a cemetery?! The owner of the cemetery has to pay to have it surveyed and then pay taxes on it and then allow ingress and egress across their land for visitation. Surveys are not cheap. Question #2: Unfortunately, legislation is always open to interpretation. IC 35-43-1-2.1 Section 3 (b) states that a person who recklessly, knowingly, or intentionally damages a cemetery, burial ground, facility, monument, artifact, ornamentation or enclosure commits a Class A misdemeanor or Class D felony depending on the amount of damage done. If somebody's cows are out in a cemetery, the cows are most likely going to do some damage i.e. rubbing against the stones, trampling stones, breaking the fence, etc....I personally think the farmer is liable for the damage. Same thing with plowing a cemetery. He/She knew the cemetery was there, but tilled it anyway. He/She did it intentionally, recklessly and knowingly. The law reads: Sec 2.1 (1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose UNDER THE EXEMPTION TO IC 14-21 that is provided in IC 14-21-1-24." It gets very confusing, but this is how I interpret the law and I know others think differently. I know it isn't much, but that is my two cents worth. Angela ----- Original Message ----- From: "Stephens, Larry V" <[email protected]> To: <[email protected]> Sent: Tuesday, August 10, 2004 8:40 AM Subject: [INPCRP] Indiana cemetery law > For the Indiana folks: I'd like a quick comment on my observations from reading the Indiana codes on cemeteries: > > I find nothing that gives anyone the "right" to access a cemetery on private land. > > I find nothing that says you have to protect a private cemetery, e.g., fence it to keep the cows out. I did see some code about protecting a "public" cemetery but my reading of the code is a public cemetery is one that has been deeded to a public arm, like the township. A cemetery that is on private land and is still owned by the landowner is not, by my reading, "public" and does not have to be protected. > > > > If anyone can point me to any IC that says differently, please do. > > Thanks. > > > > > Larry V. Stephens > Office of Risk Management > 812-855-9758 > [email protected] > > > > ==== INPCRP Mailing List ==== > INPCRP State Coordinator: Brad Manzenberger < [email protected] > > http://www.inpcrp.org >